|
Click on a page icon to download the report in PDF format, or use text links to jump to short report descriptions. To view PDF files you will need a copy of Adobe Acrobat Reader version 3.0 or higher. To download a free copy of Reader click here.
October 2006, Volume 38
|
|
|
 |
|
|
 |
EMPLOYMENT LAW
|
|
|
SEXUAL HARASSMENT
Seventh Circuit Holds No Duty of Cooperation on Part of Complainant at EEOC Level; Sexual Relations With Minor Unwelcome as Matter of Law
HOSTILE WORK ENVIRONMENT
Seventh Circuit Finds Objectively Hostile Work Environment Supports Claim of Constructive Discharge
AGE AND GENDER DISCRIMINATION
Genuine Issue of Material Fact Precludes Summary Judgment in Discrimination Action Against Union
RETALIATION
Plaintiff Avoids Summary Judgment on Retaliation Claim Under Direct Method of Proof
DISABILITY DISCRIMINATION
Plaintiff Fails to Establish Prima Facie Case Under ADA
TITLE VII
Husband and Mother of Restaurant’s Sole Proprietor Were “Employees” for the Purposes of Title VII
BACK TO TOP
|
|
 |
GENERAL TORTS
|
|
|
VERDICT FORM
Settling Defendants Must Appear on Jury Verdict Under Former 2-1117
DUTY
Plaintiff’s Complaint Sufficient to Allege Restaurant Owes Duty of Care to Invitee Where Car Crashed Through Wall
Employer Owes No Duty to Employee During Commute Home After Shift
MANDATORY ARBITRATION
Tardiness at Hearing Not Failure to be Present or Participate in Good Faith
SUBJECT MATTER JURISDICTION
Agreement Between Parties for Extension of Time did not Extend Jurisdiction of Court
BACK TO TOP
|
|
 |
INSURANCE COVERAGE
|
|
|
Leaky Plumbing in Condominium Constituted Common Element, Requiring Coverage to Condominium Owner as Additional Insured Under Condominium Association Liability Policy
No Coverage Afforded Where Insured’s Insurance Agent Failed to Procure Owner’s Automobile Insurance Policy
All Primary Insurance Policies Must Be Exhausted Before Excess Policy May be Selected by Insured for Indemnification
Insured’s Mistaken Cutting of Trees on Wrong Lots Constituted Covered “Occurrence” Under Commercial General Liability Policy
U.S. District Court Holds Insured’s Negligent Manufacture of Product Constituted “Occurrence” Requiring Indemnification for $70 Million Judgment
BACK TO TOP
|
|
 |
INTERNATIONAL LAW
|
|
|
FOREIGN SOVEREIGN IMMUNITIES ACT
Foreign Sovereign Responsible For Any Acts That Occurred While Designated as State Sponsor of Terrorism
Claims of 112 Aliens Dismissed For Want of Subject Matter Jurisdiction
Son Lacked Standing To Bring Claims Under FSIA For Father’s Abduction and Torture
FORUM NON CONVENIENS
Court Dismisses Florida Resident’s Complaint Under Forum Non Conveniens
INTERNATIONAL COMITY AND FORUM NON CONVENIENS
Court Denies Motions to Dismiss Under International Comity and Forum Non Conveniens
HAGUE SERVICE CONVENTION
Motion to Appoint Agent for Service of Process Abroad Denied As to Countries That Have Not Acceded to the Convention
BACK TO TOP
|
|
 |
PRODUCT LAW
|
|
FAILURE TO WARN
Georgia Law Does Not Require Bodily Harm To Maintain Failure to Warn Claim
REASONABLE ALTERNATIVE DESIGN
Iowa Court Refuses to Label Trampoline as “Manifestly Unreasonable” Design
STATUTE OF LIMITATIONS
Missouri Court Held Wife’s Loss of Consortium Claim Related Back to Date of Filing Of Husband’s Claim
FEDERAL PREEMPTION
Kansas Joins Majority of Jurisdictions by Ruling Federal FDA Regulations Preempted State Law Medical Device Litigation
EVIDENCE
Louisiana To Allow Plaintiffs to Use Doctrine of Res Ipsa Loquitur to Prove Product Defect
BACK TO TOP
|
|
 |
BUSINESS LAW
|
|
|
REAL ESTATE TRANSACTIONS
Warranty of Good Title in General Warranty Deed Valid Despite Purchaser’s Knowledge of Title Defect
Providing Inconsistent Disclosures Informing Creditor of Right to Rescind Refinance Transaction Constitutes Violation of Truth in Lending Act
Document Executed By Deceased’s Trust Beneficiary Could Not Act as Directive For Successor Beneficiary to Sell Property
CONTRACT LAW
Minor or Immaterial Modifications or Changes in Terms of Offer Constitute Rejection of Original Offer and Become Counter-Offer
Disclaimer of Implied Warranties of Fitness for a Particular Purpose and Merchantability Were Valid Because They Were Conspicuously Displayed In Catalog and on Invoice
BACK TO TOP
|
 |
NURSING HOME LAW
|
|
SEXUAL ASSAULT